SREEKUMAR T S Vs. COCHIN DEVASWOM BOARD

JUDGEMENT

(1.) The petitioner, who is the Managing Partner of an auditorium by name 'Mangalya Auditorium' constructed in a property having an extent of 19.13 Ares in Survey No. 266/20, 21 & 22 of Kureekkad Village, has approached this Court with this Writ Petition under Article 226 of the Constitution of India with the following prayers:

(2.) It is stated in the petition that the auditorium was constructed in the year 2003 with permission of Chottanikkara Grama Panchayat and it is situated on the northern side of Chottanikkara Temple. The festival compound which is known as 'Pooraparambu' of the temple is situated on the western side of the auditorium. The said temple ground (Pooraparambu) is an open area used for Temple festivals and as an open parking area of the temple when there is no festival, having access to the public. A boundary wall was constructed by the petitioner for the auditorium with two access as 'Entrance' and 'Exit' on its western side. The auditorium has a seating capacity of 2000. So many buildings are situated on the eastern side of the temple ground and the open space is used for ingress and egress to the buildings on the eastern side without causing any disturbance or inconvenience to the temple. The enjoyment of the open space has not been challenged by the respondents for the last 16 years. The festival compound is actually slopping towards the western side and the Auditorium is located in an elevated position. While so, on 29.05.2017 the 2nd respondent started to excavate soil from the eastern boundary of the festival compound causing obstruction to the entrance of the auditorium, that too ignoring the easement right enjoyed by the petitioner.

(3.) The Respondent No.1, Cochin Devasom Board, filed counter affidavit denying the allegations in the petition and contended that Chottanikkara Bhagavathi Temple is having property in old Survey No. 39/1-2 of Kureekkad Village which is lying as festival ground (Pooraparambu) of the Temple. The petitioner has an auditorium on the eastern side of the temple ground with compound wall on its four sides especially on its northern side, separating it from 'Onakuttichira road' having about 12 feet width without providing any entrance to that road, though the entire northern side boundary of the property is abutting to the public road with a length of about 70 metre in a straight line. Apart from that the petitioner has obtained building permit from the Grama Panchayt, the 3rd respondent showing 'Onakuttichira road' as the public road access to the building in his property. But after construction of the Auditorium, the petitioner has constructed a compound wall of 7 feet height on the northern side with no entrance to the public road and erected two iron gates on the western boundary facing to the temple ground for which he has no manner of right. Moreover the eastern side property of the Auditorium belongs to the father of the petitioner and it is a vacant land and vehicular access is possible to the petitioner's auditorium through the said property also. The respondent is not carrying out any excavation work as alleged. But the temple ground is situated in different levels causing inconvenience and difficulties to the devotees coming to the temple to park their vehicles safely in the festival ground. As the festival ground was having an uneven surface, accidents occurred due to the slipping of vehicles and hence the temple officials after obtaining necessary permission from the authorities decided to lay cement tiles after levelling the ground. Three steps have been provided on the entire eastern side of the festival ground for free access to the buildings situated on the eastern side of the ground and the petitioner can have access to his property by walking through the steps. During 'Makam pooram' thousands of devotees gather in the temple for 'Makamthozhal' and facilities are made by erecting temporary panthal and barricade for providing queue system to the devotees making it convenient for them to offer prayers. Elephant procession also starts from the northern side of the festival ground to Keezhkavu (sub temple) through the extreme eastern side of the temple ground since the Keezhkavu is situated on the south eastern side of the entire temple property. If the petitioner is allowed to construct and maintain concrete slope ways as requested, it would definitely cause obstruction to the procession of elephants through the eastern side of the festival ground. Therefore, the extreme eastern side of the festival ground to a width of about 15 feet has to be kept free .